Friday, June 10, 2011

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  • 90210
    05-11 01:54 PM
    Hello 90210,

    If you entered on AP your status is AOS/EAD,you can transfer your H1 but you can't be on H1 status unless and until you go out of the country and enter on H1.

    I talked to Murthy about this couple of months ago.


    Are you sure? There is a lot of confusion.

    And what do you mean " you can transfer but you can't be on H1". If I transfer H1, then I can not work here unless I get the H1 stamped?

    Can some Guru please make this clear?




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  • new2gc
    08-13 01:42 PM
    Total H1Bs sponsored by the dirty 4 Indian companies are 12000 multiplied by $2000, gives 12 million if you add same no of L1 visas its only 24 million not 600 million. Obama requires a calculator .

    Poor guys... they can give away $7.5 Billion to some country as Aid, but cannot secure their own borders without increasing burden on H1/L1 Visas for $0.6 Billion(not even 10% in comparison ) ....what a pity.... :mad:
    This is pure B.S. politics....




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  • helpmeExperts
    01-13 10:29 PM
    bhanupriya, thanx for the valuable information.!!




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  • brit89
    07-07 02:02 PM
    How many years of years of W-2 form copies do we need to attach, when we file I-485 applications?



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  • monkeyman
    02-26 11:26 PM
    If you have filed for I-485 and you have your receipt # (starting with LIN) and you have a copy of the encashed check or the proof of the financial transaction (could be you, your employer or lawyer) and the online status says I-485 Adjustment of Status pending, then you have nothing to worry about. If you had moved or changed your address it may have been misplaced. But you have nothing to worry about if the checks are cashed and you have the Receipt #.




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  • bigboy007
    12-10 04:23 PM
    Pay scale : My initial labor is approved with Company A with Payrange of 48K thereafter i am getting around 79K with the same employer and around the time when my 140 is applied and approved + 485 filed.

    Now new job with be around around payscale of 85k etc how does it effect ? based on following lines i used to get similar amount when my 140 is filed.

    PPL SAY


    The Yates Memo (2005) explained that a difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial, as long as the case meets occupational classification requirement. However, a significant discrepancy in salary may be a factor in determining whether the new job is "same or similar."



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  • TO BE OR NO TO BE
    02-03 09:13 AM
    I have a question.

    I am EB3 with priority date Oct. 2006. My qualification from India is 3 years (B.Com) plus 1 year of M.com (I didn't complete the 2nd year) plus Intermediate ICWA and Chartered Accountancy. I got here in the USA in December 1999 on H1B and always maintained the status. I completed CPA in 2002 in the USA.

    I did some research to port to EB2 (based on Bachelors degree plus 5 years experience) but it seems that USCIS wants 4 years continuous degree to be considered for EB2.

    Is that true? Is there anyone in my situation who has done this porting successfully?

    Any help will be greatly appreciate.

    Thank you,




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  • kaisersose
    06-02 04:05 PM
    can i get a h1 done from a desi employer just to protect the h4 status and join the other company thats offering me a job with my ead.

    the h1 from the desi employer will not be having pay stubs but thats only to get h1 status.

    For you or for her? Getting a H is not easy (you will have to wait till Oct 2009) and maintaining a H without paystubs is not legal either. Should be far more easier & quicker for her to get a F visa.

    In general, avoid getting into risk situations that you cannot get out of. In the long run, being safe with immigration matters and resisting the temptation to make a few extra bucks will be more beneficial.



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  • iwantmygreen
    04-22 08:29 PM
    Has anybody got any experience where an approved 140 was revoked by employer. The 485 is pending.




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  • vikramy
    09-21 03:41 PM
    One of my friend got into same issue last week for his new license. He got a letter from DMV after a week, saying every thing is ok. I don't know whether problem is with DMV or USCIS, but they are not able to verify some information immediately.

    YOu should be receiving communication soon.

    I went to PennDOT to renew my PA Driver license and they took all my pepers. Offcer informed me that he cannot get verification for my Immigration status so he can not renew my License.
    They gave me a printed peper which says we will informed you by letter within 21 dyas.

    Anyone has proble to renew Lic. in PA.



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  • smuggymba
    03-27 08:22 PM
    this is not a game , this happened really to me .I am Indian .They did not gave my passport back . They took my passport and send me to Bangalore Airport back .I know they don't have any right to hold any one's property that too a country citizenship passport.I am looking for an answer and advice , not question for a question

    not to judge you, but how did you manage to enter india? Do they allow it?




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  • rajuseattle
    04-27 07:55 PM
    According to USCIS's interpretation of the backlog the pending applicants from retrogressed countries do not count as the backlog because they can not process those petitions until VISA dates moves further.

    I hope once they make this information available on their WEB site or to respond to IV's request to disclose the pending AoS applicants based on country of chargeability and category, we will know how many AoS pending and can judge how long it will take to receive our GCs.

    I am glad atleast they r acknowledging the fact that their is backlog and they are serious about clearing the backlogs. I can imagine the July-Aug 2007 concurrent filers are now receiving their I-140 approvals. In this bad economy one need to have I-140 approval to use AC-21 provision in case of layoffs.

    No hopes on CIR , that debate will be their for a while until economy starts improving, until then no reform or any releif for legal immigrants....people just talking baout US protectionism and bla bla bla...nobody cares few thousand indians and chinese applicant's petitions rotting in the USCIS service centres for years for no VISA numbers.



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  • fromnaija
    11-30 11:19 AM
    I don't think you are correct. Portability applies after 6 months of I140 approval. But you can not use AC21 for job profile / labor zone change. So, I don't recommend you changing job title.


    You are wrong! Portability applies after 485 has been pending for more than 180 days.




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  • nixstor
    08-14 04:25 PM
    Called 6 different operators at the USCIS and got different answers (atleast they are consistently inconsistent!)

    2 Said it is perfectly fine as long as the amount is correct
    3 said they prefer seperate checks but if the amount is correct they will accept it
    1 said they will reject the whole package.

    On a lighter note i spoke to one really sweet lady when my call was escalated. All i wanted to ask was about the checks, but she (very enthusiastically) looked up my information and informed me that i was not in the system yet and actually apologised to me. Now i KNOW she looked it up coz she got my middle and company names right even without my telling her that. She even said she has received a few calls today and the guy b4 me was a lucky caller as he was in the system as of Aug 8.

    Called 6 different operators today? Wow!



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  • snathan
    04-13 07:44 AM
    Waste of time. How many PhD's are there as compared to the others? There is already EB1/EB2-NIW for them

    Have you forgot how many visa numbers the EB1A/EB1B/EB2-NIW consume...if they are not counted it will free up 10-20k visa numbers annually at least...




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  • 485Mbe4001
    10-22 05:54 PM
    what is the significance of three ??? in your question. one is used the other 2 are unused.

    You have answered your own question...if Latvia had 2600 visas in EB3 FY 2006 and only 500 visas were used then 2100 are unused. They are transferred to people from other countries.



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  • ajju
    03-01 11:55 AM
    USCIS can pre-adjudicate a case, even when visa numbers are not available. This means that USCIS processes all the application, but just waits for a visa number to finalize it.

    does it reflect on online status? How else can we find out that one's case has been pre-adjudicated... LUD?? or any specific status?? or only IO can tell??




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  • sabudanawada
    02-27 03:20 PM
    once EB3 Row gets current, some relief can be expected for the retrogressed countires where unused visas can be assigned...
    before 2007, lot of labor substitution cases are in picture, also people with multiple LC's too...
    the actual no. will be smaller...it just depends on how proactively they will manage to capture the unused numbers etc..that will matter the most.

    About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.

    Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.

    Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).

    As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....

    Comments on the analysis.........?




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  • sanju
    11-20 11:56 AM
    Secretaries are from the Executive Branch and are responsible for the execution of the laws and are not directly responsible for the creation of the laws. So we could expect Memos that are more favorable to us but I wouldn't hold my breath over CIR yet.

    Secretaries are part of the Executive Branch but they are also the representative of the President in deciding what goes into any bill. Say 2007 CIR, the basic frame work was prepared by DHS and Commerce secrerary in line with the wishes of the WH, then detailed language was prepared by the lawmakers, which was reviewed by the two secretaries (and their offcie) again. President's approval is needed on every little provision as he can veto the bill after all the has been work done by the Congess. So the approval of executive branch is always required for any bill/provision. So President and the executive branch has a a lot of say in decising which provisions go into the bill, more than the most powerful Senators and Congressmen. Arizon Governor is a big proponent of immigration reform and that's why her assignment to this job is significant, as she may also act as an interface between the WH and the Congress to push for an immigration reform. The point is, she is a friend of a reform bill, and she wants it done now.





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    anai
    07-19 08:03 AM
    If you are sponsoring your spouse, you need to submit an affidavit of support. It is I-134. This forms needs for you to submit bank statements, tax returns etc. with it.


    This is incorrect.

    The easiest way to address such questions is to take a few minutes to read the instructions to the form I-485 (which is available on the USCIS website at http://www.uscis.gov/files/form/i-485.pdf). An affidavit of support is needed in the EB context, only if the applicant's family owns 5% percent or more of the sponsoring employer.

    Sending tax forms, W-2, bank statements, etc. is part of the overdocumentation approach. But note that these are not required.

    This question has been asked and answered many times. So please (a) search the forums before opening new threads and (b) read the instructions to the form.

    Also, if any of the answers on this thread were useful, consider contributing to IV.




    badluck
    06-25 02:47 PM
    It looks like my lawyer has already mailed the application to USCIS. The priority dates becomes current only on July 1st.

    What are my options here? Does anyone has faced such a situation?

    send new again. anyways first one is going to come back.



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